[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Rules and Regulations]
[Pages 83152-83154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27538]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0767; FRL-9955-19-Region 4]


Air Plan Approval; KY Infrastructure Requirements for the 2010 1-
Hour NO2 NAAQS

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of the State Implementation Plan (SIP) 
submission, submitted by the Commonwealth of Kentucky, Energy and 
Environment Cabinet, Department for Environmental Protection, through 
the Kentucky Division for Air Quality (KDAQ), on April 26, 2013, to 
demonstrate that the Commonwealth meets the infrastructure requirements 
of the Clean Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide 
(NO2) national ambient air quality standard (NAAQS). The CAA 
requires that each state adopt and submit a SIP for the implementation, 
maintenance and enforcement of each NAAQS promulgated by EPA, which is 
commonly referred to as an ``infrastructure'' SIP. KDAQ certified that 
Kentucky's SIP contains provisions that ensure the 2010 1-hour 
NO2 NAAQS is implemented, enforced, and maintained in 
Kentucky. EPA has determined that portions of Kentucky's infrastructure 
submission, submitted on April 26, 2013, addresses certain required 
infrastructure elements for the 2010 1-hour NO2 NAAQS.

DATES: This rule will be effective December 21, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-

[[Page 83153]]

2014-0767. All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Wong can be reached via telephone at (404) 562-8726 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On January 22, 2010, (published at 75 FR 6474, February 9, 2010), 
EPA promulgated a new 1-hour primary NAAQS for NO2 at a 
level of 100 parts per billion, based on a 3-year average of the 98th 
percentile of the yearly distribution of 1-hour daily maximum 
concentrations. Pursuant to section 110(a)(1) of the CAA, states are 
required to submit SIPs meeting the requirements of section 110(a)(2) 
within three years after promulgation of a new or revised NAAQS. 
Section 110(a)(2) requires states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance of the NAAQS. States were required to submit 
such SIPs for the 2010 1-hour NO2 NAAQS to EPA no later than 
January 22, 2013.
    In a proposed rulemaking published on June 27, 2016 (81 FR 41488), 
EPA proposed to approve Kentucky's 2010 1-hour NO2 NAAQS 
infrastructure SIP submission submitted on April 26, 2013, with the 
exception of the PSD permitting requirements for major sources of 
sections 110(a)(2)(C), prong 3 of D(i), and (J), the interstate 
transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 
1, 2, and 4), and the regulation of minor sources and minor 
modifications under section 110(a)(2)(C). On March 18, 2015 (80 FR 
14019), EPA approved Kentucky's April 26, 2013, infrastructure SIP 
submission regarding the PSD permitting requirements for major sources 
of sections 110(a)(2)(C), prong 3 of D(i), and (J) for the 2010 1-hour 
NO2 NAAQS. Therefore, EPA is not taking any action today 
pertaining to sections 110(a)(2)(C), prong 3 of D(i), and (J). With 
respect to the interstate transport requirements of section 
110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA does not yet have a submission 
before the Agency for action. In regards to Kentucky submission related 
to prong 4 and the regulation of minor sources and minor modifications 
under section 110(a)(2)(C), EPA will consider action on these elements 
in a separate rulemaking. The details of Kentucky's submission and the 
rationale for EPA's action are explained in the proposed rulemaking. 
Comments on the proposed rulemaking were due on or before July 27, 
2016. EPA received no adverse comments on the proposed action.

II. Final Action

    With the exception of the PSD permitting requirements for major 
sources of sections 110(a)(2)(C), prong 3 of D(i), and (J), the 
interstate transport requirements of section 110(a)(2)(D)(i)(I) and 
(II) (prongs 1, 2, and 4), and the regulation of minor sources and 
minor modifications under section 110(a)(2)(C), EPA is taking final 
action to action to approve Kentucky's infrastructure submission 
submitted on April 26, 2013, for the 2010 1-hour NO2 NAAQS. 
EPA is taking final action to approve Kentucky's infrastructure SIP 
submission for the 2010 1-hour NO2 NAAQS because the 
submission is consistent with section 110 of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate,

[[Page 83154]]

the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
A major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 20, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 3, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart S--Kentucky

0
2. In Sec.  52.920, the table in paragraph (e) is amended by adding the 
entry ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-
hour NO2 NAAQS'' at the end of the table to read as follows:


Sec.  52.920  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Kentucky Non-Regulatory Provisions
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                                     Applicable        State submittal
  Name of non-regulatory SIP        geographic or       date/effective     EPA approval         Explanations
           provision             nonattainment area          date              date
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                                                  * * * * * * *
110(a)(1) and (2)               Kentucky............          4/26/2013  11/21/2016,       With the exception of
 Infrastructure Requirements                                              [insert Federal   the regulation of
 for the 2010 1-hour NO2 NAAQS.                                           Register          new minor sources
                                                                          citation].        and minor
                                                                                            modifications under
                                                                                            section
                                                                                            110(a)(2)(C),
                                                                                            section
                                                                                            110(a)(2)(D)(i)(I)
                                                                                            and (II) (prongs 1-
                                                                                            4) and the PSD
                                                                                            requirements of
                                                                                            section
                                                                                            110(a)(2)(J).
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[FR Doc. 2016-27538 Filed 11-18-16; 8:45 am]
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